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IN THE MATTER OF BANKS v. DENNISON

57 A.D.3d 1041 (2008)

867 N.Y.S.2d 708

In the Matter of MARTIN BANKS, Appellant, v. ROBERT DENNISON, as Chair of the New York State Division of Parole, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

December 4, 2008.

Petitioner, who is serving a prison sentence of 15 years to life for his conviction of murder in the second degree, commenced this CPLR article 78 proceeding challenging a September 2005 determination of the Board of Parole denying his request for release to parole supervision. The Attorney General has advised that petitioner reappeared before the Board in December 2007, at which time he was again denied parole release. Accordingly, this appeal must be dismissed as moot ...

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